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HomeMy WebLinkAbout98-74 - Resolutions RESOLUTION NO. 98-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 98-03, AMENDING TITLE 17, OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING TRIP REDUCTION REQUIREMENTS MANDATED BY FEDERAL AND STATE AIR QUALITY REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-03, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 23rd day of September 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on September23, 1998, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will help to improve air quality, and therefore the adoption is categorically exempt from environmental review provisions of the California Environmental Quality Act (CEQA) per Section 15308 of the CEQA Guidelines. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. That the proposed amendment is consistent with the objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 98-74 DCA 98-03 - CITY OF RC September 23, 1998 Page 2 c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment will not be detrimental to the objectives of the General Plan, or the Development Code. 4. This Commission hereby finds and determines that the application identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970,as amended,and the Guidelines promulgated thereunder,pursuant to Section 15308 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3, and 4 above, this Commission hereby resolves as follows: a. That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Development Code Amendment 98-03 to modify the Municipal Code per the attached Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:' Ofl arry T. Mor e , Chairman ATTES . '� Brad rrr, SecIFIEW I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of September 1998, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-03, AMENDING CHAPTERS 17.08, AND 17.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING TRIP REDUCTION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On September 23, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment. Following the conclusion of said public hearing, the Planning Commission adopted Resolution No. 98-74, thereby recommending that the City Council adopt Development Code Amendment No. 98-03. 2. On October 21, 1998, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to the adoption of this Ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga ordains as follows: SECTION 1: This Council hereby specifies and finds that all of the facts set forth in the Recitals, Part A, of the Ordinance are true and correct. SECTION 2: This Council hereby finds and certifies that the proposed amendment has been reviewed and considered in compliance with the California Environmental Act(CEQA) of 1970, and determines that the proposed amendment will help to improve air quality, and therefore the amendment is categorically exempt from environmental review provisions of the California Environmental Act (CEQA), per Section 15308 of the CEQA Guidelines, and further this Council hereby directs the City Clerk to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062, regarding this matter. SECTION 3: The text of Section 17.08.030.E.8 is hereby deleted. SECTION 4: The text of Section 17.010.030.F.7 is hereby deleted. SECTION 5: The text of Section 17.10.070.B is hereby deleted. SECTION 6: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction,or by reason of any preemptive legislation,the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. CITY COUNCIL ORDINANCE NO. DCA 98-03 - CITY OF RANCHO CUCAMONGA October21, 1998 Page 2 • SECTION 7: The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California.